Facts: A benefit dance was being held in accused-appellants yard. Ricardo Donato, the victim’s brother was dancing with one Rowena del Rosario when Dante Arce, a friend of accused-appellant approached them and boxed Ricardo. The latter scampered to a fence where the victim, Miguelito, was about 2 meters away. Thereafter, accused Maramara was seen drawing his gun tucked in his waist and thereafter shooting Miguelito, hitting him fatally on the chest. Before the victim died in the hospital, he told his father that it was the accused who shot him.
The defense however maintained that the accused rushed to the scene when he saw Miguelito and Ricardo ganging up on Arce. He was allegedly held down by Ricardo while Miguelito repeatedly stabbed him. Accused maintains that he should only be held liable for death caused in a tumultuous affray under Art 251 of the RPC since he joined the commotion to pacify the group when he was injured by the victim.
Issue: Whether the death of the victim was under the circumstance of a tumultuous affray.
Held: Assuming that a rumble or a free-for-all fight did occur at the benefit dance, Art 251 cannot be applied because the accused was positively identified as Miguelito’s killer. The victim’s dying declaration is a more credible version of the circumstances surrounding the victim’s death.
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